Sonu Choudary vs State Of NCT Of Delhi 2024 INSC 864 - Ss 442,452 IPC - House Trespass

Indian Penal Code 1860 - Section 452,442 - In order to convict a person for the offence under Section 452, it has to be proved beyond reasonable doubt that the accused had committed a house trespass within the meaning of Section 442, on he having made preparation for causing hurt to any person, or putting him under fear etc. The “house trespass” being an essential ingredient for convicting a person under Section 452, it has to be proved by the prosecution that the accused committed the house trespass and criminal trespass by entering into or unlawfully remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, as contemplated in Section 442 IPC - In this case, the incident had taken place in a restaurant- Therefore it cannot be said to be either a place used for human dwelling or for worship or for the custody of the property. (Para 9-10)